Man appeals prison sentence for brawl at Bendigo's Universal nightclub

Shemal Hussein, 27, pleaded guilty to one charge of affray in the Bendigo Magistrates' Court on Wednesday.

Magistrate Marc Sargent sentenced Hussein to 42 days in prison after describing his offending as "undoubtedly serious".

"You were not only a catalyst for what ensued but also a contributor," Magistrate Sargent said. "The community is well and truly sick of violence and wants it to end.

"Your actions should be deplored. The community must know that it's completely unacceptable."

Hussein appealed the sentence and was granted bail. He will appear before the County Court for a directions hearing next month.

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The court heard about 11.30pm on August 5, 2017, Hussein entered the Universal nightclub with friends.

About 1.19am, Hussein was standing near another patron who, the court heard, accidentally bumped into Hussein.

Hussein pulled the man aside to speak. He then swore at the man and head-butted him without warning.

The man stepped back and fled the area. Other males then became involved and a brawl broke out in the nightclub.

Security flooded the dance floor in an attempt to break up the fighting. The court heard Hussein and a co-accused then began punching two security guards to the face and body.

The security guards managed to grab Hussein and escort him out to the street.

Once out of the venue, Hussein spat at the two guards. His saliva went into the eye of one of the guards.

The co-accused was also ejected from the nightclub, and Hussein and the co-accused continued to attack the guards at the door.

Hussein then picked up a steel bollard from the footpath and struck the two guards with it.

Another patron then approached Hussein outside of the club. The two men grappled and as a result, the man was knocked to the ground where he fell unconscious.

Hussein then began to leave the scene.

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A woman, who had been hit by the co-accused inside the nightclub, began to walk after him. Another woman tried to stop her and the two women began to grapple.

Hussein turned around, saw the second woman fall to the ground, and ran towards the two women. He pushed the woman who had been attempting to approach him away from the woman on the ground.

Hussein then ran to the taxi rank with the co-accused, where he head-butted a man who was standing there. He then left the scene and returned to Adelaide where he was living.

South Australian police interviewed Hussein in December, 2017. He provided a no-comment statement to police.

Defence counsel Aaron Eidelson told the court Hussein and his family migrated to Australia from Iraq in 2004.

The court heard Hussein was the oldest of six children and after his parents separated when he was 15, he left school to become the main financial provider for the family.

Mr Eidelson said Hussein was the primary carer for his twin sister who was injured in Iraq, and he still financially supports his two youngest siblings.

The defence counsel said since the nightclub brawl two years ago, Hussein had "distanced himself physically and emotionally from that sort of behaviour".

Mr Eidelson submitted Hussein had been remanded in custody for 54 days earlier this year after contravening an intervention order and was placed on a community corrections order.

The defence counsel said Hussein did not want to return to prison.

Mr Eidelson submitted Hussein should receive a lighter sentence because he pleaded guilty and had good prospects for rehabilitation given his age.

But Leading Senior Constable Chris Jones told the court, Hussein should receive a prison sentence.

"In my submission, it was sparked by the accused and went out of control," Leading Senior Constable Jones said.

"To deter others and the accused, a short term of imprisonment should be imposed to reflect the seriousness of the offending."

Magistrate Sargent said while Hussein should get the benefit of pleading guilty, the charge of affray was still serious.

Hussein will appear before the County Court in Bendigo on December 3 for a directions hearing.

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